What is an adjoining owner under the Party Wall Act?

An adjoining owner is any neighbour whose property shares a party wall, party structure, boundary or is within the relevant distance of proposed excavations. If you receive a Party Wall Notice from a building owner, you are classed as an adjoining owner and have specific rights and protections under the Party Wall etc. Act 1996.

I have received a Party Wall Notice – what are my options?

If you receive a Party Wall Notice you can: 1) consent to the works, 2) consent but request a Schedule of Condition, or 3) dissent and appoint a party wall surveyor. Westville Associates helps adjoining owners understand each option, the risks involved and the practical implications for access, noise, dust and potential damage to their property.

Why should an adjoining owner appoint a party wall surveyor?

Appointing a party wall surveyor ensures your rights are properly protected and that any agreement is set out in a legally binding Party Wall Award. A specialist surveyor will review the proposed works, negotiate protective measures, record the pre-works condition of your property and agree how any damage will be made good, rather than leaving everything to informal promises.

Who pays the surveyor if I am an adjoining owner?

In most cases, the building owner carrying out the works pays the reasonable fees of the party wall surveyor or surveyors, including the adjoining owner’s surveyor. This is because the building owner is the party benefiting from the works. Westville Associates will explain how costs are handled in your specific situation before you decide how to respond to the notice.

What is a Schedule of Condition and how does it protect me?

A Schedule of Condition is a detailed written and photographic record of the existing state of your property before neighbouring works begin. It forms part of the Party Wall Award and is used to identify whether any cracks or other defects were pre-existing or caused by the works. This evidence helps ensure that, if damage occurs, it is fairly assessed and properly repaired at the correct party’s expense.

Can I stop my neighbour’s building works by refusing consent?

Refusing consent does not give you the right to stop lawful building works altogether. Instead, it triggers the Party Wall Act’s dispute-resolution procedure so that surveyors can agree a Party Wall Award. The Award will set conditions on how the work is carried out and how your property is protected, allowing the project to proceed in a controlled and legally compliant way.

What happens if I ignore a Party Wall Notice?

If you do not respond to a Party Wall Notice within the statutory timeframe, you are treated as having dissented to the proposals. The building owner can then appoint a surveyor on your behalf so that the process can move forwards. Westville Associates recommends that adjoining owners seek advice promptly rather than ignoring notices, so that you retain control over who represents your interests.

How can Westville Associates help me as an adjoining owner?

Westville Associates can review the Party Wall Notice you have received, explain your options in plain English and act as your appointed surveyor or as the agreed surveyor for both parties where appropriate. We will arrange any necessary Schedule of Condition, negotiate a fair Party Wall Award and remain available to advise you if issues arise during or after the works.

How do I get advice if I have been served a Party Wall Notice?

If you have been served a Party Wall Notice and are unsure what to do next, you can call Westville Associates on 07834 761 411 or 01932 864375, use the online contact form or LiveChat on the website, or email info@westvilleassociates.com. A named surveyor will offer a free, no-obligation consultation to discuss your situation and the best way to respond.

Supporting adjoining owners

Have you received a party wall notice from your neighbour? Are you worried about what to do next or not really sure what a party wall notice is?

Don’t worry. We can help protect your rights under the Party Wall Act and guide you through the appropriate next steps.

How we help

We’ve helped hundreds of adjoining homeowners across Surrey and SW London affected by party wall works.

Our service gives you access to impartial, expert advice and ensure your neighbour safeguards your property and investment through meticulous, Schedules of Condition and Party Wall Awards (agreements).

You will need to read your schedule of conditions and see if you agree with them. Alternatively, you can do nothing when served a notice. While understandable, this is the worst option for you.

You are entitled to use your own surveyor for peace of mind.

Get a quote today

Contact Simon

Please complete the form to arrange an informal discussion so we can acquire more details about your property. There is no charge and no obligation.

We cover all of Surrey and London and are also available via WhatsApp. Alternatively, please call 07834 761 411 or email Simon directly.

    
 
 
         
   Chris Thoume 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great experience working with Simon: he took me through the process in simple terms and was always willing to provide considered pragmatic advice.
  
 
        
   Jessica Sanzone 
 
 
 
 Trustindex verifies that the original source of the review is Google. Would highly recommend using Westville Associates. Appointed Brett to act for us in regards to some party wall matters. We found him to be polite and professional with a wealth of knowledge in this field. Great communication throughout the process. Great service from start to finish.
  
 
        
   Kate Rennie 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was recommended to use Westville Associates through a colleague to carry out a survey of a house we were looking to purchase. I couldn’t have been happier with the whole process.
From start to finish, Simon was professional, punctual, through and gave good advice with issues that arose from the survey.
I have and will continue to recommend Westville Associates to anyone wishing to carry out any surveys.
  
 
        
   Niki Yazdanian 
 
 
 
 Trustindex verifies that the original source of the review is Google. Simon carried out a full building survey for us on a property in Oxted. We found him to be prompt, professional, very knowledgeable, a great service all round. We would have no hesitation in recommending him and using him again.
  
 
        
   Sophie Beed 
 
 
 
 Trustindex verifies that the original source of the review is Google. Really recommend Westville, great communication and advice. Clear, concise and quick report and more than happy to discuss any points to help us understand our purchase better.
  
 
        
   Sara Mahdavian 
 
 
 
 Trustindex verifies that the original source of the review is Google. We used Wesville Associates for a full Building Survey for our property in Claygate after a recommendation from a friend. Simon was very personable, knowledgable and professional, and was able to work around our tight timeframe. We felt in good hands from the start!
  
 
        
   WashPod 
 
 
 
 Trustindex verifies that the original source of the review is Google. “Westville Associates undertook a homebuyers report for us prior to the purchase of our flat in Wandsworth.  The service from start to finish was exemplary.  Simon booked us in, undertook the inspection and presented the report to us all within 7 working days which was appreciated as time was against us somewhat.  The after sales care was also great as we had several questions about the property that were dealt with over the phone.  Friendly, professional and prompt service.
Would definitely recommend. Rob.”
  
 
        
   Craig C 
 
 
 
 Trustindex verifies that the original source of the review is Google. I have worked in Surbiton and the surrounding areas as an agent for over 10 years and could not recommend Simon highly enough. He has a wealth of knowledge and goes above and beyond to ensure his clients fully understand the fantastic reports he creates, unlike many other surveyors who just send a confusing report without further explanation of key points.

I am so pleased Simon has set up his solo venture - Westville Associates and will be recommending him to all of my clients.

your rights under the Party Wall Act

What Is A Party Wall?

A shared walls between two properties is referred to as Party Walls.

What Is The Party Wall Act?

The Party Wall Act of 1996 establishes a framework to prevent and resolve disputes related to building work on shared walls, boundary walls, and excavations near neighbouring buildings. More.

Works Covered By The Act

New building on or at the boundary of two properties
Work to an existing party wall or structure
Excavation within 3 to 6 meters of a neighbouring property.

What If My Property Is Damaged?

We will notify the building owner of the damage immediately.
We’ll conduct a surveyor assessment of the damage and determine if it’s due to the works.
The building owner is responsible for repairing the damage, so we will collect compensation.
We’ll manage and handle any disputes, but if there’s a disagreement, the Party Wall Act will determine the exact process for resolving them.

Who Pays For A Party Wall Surveyor?

Typically, the building owner pays for the surveyor’s fees.

This is usually because the adjoining owner is an innocent bystander who would not have needed to go through this process if it were not for the neighbour’s works.

Costs can be shared if both parties agree to a joint surveyor.

How much does a party wall surveyor cost?

My Neighbour Started Without A Party Wall Agreement

Suppose your neighbour has begun construction without a Party Wall Agreement (Award).

In that case, you can apply to the County Court to obtain an injunction to stop works from going ahead.

The courts frown upon owners who intentionally ignore the Party Wall Act, and if no notices had been served in the relevant time, you are likely to be granted your injunction.

Is your surveyor qualified?

Often, suppose a building owner has already appointed a party wall surveyor. In that case, it will be essential on your side to ensure that the surveyor is qualified and capable of handling their responsibilities under the Party Wall, etc. Act 1996.

The building owner’s surveyor is obligated to act impartially so that they can represent both of you. However, it will still be crucial to verify they have the right qualifications and memberships (either Royal Institution of Chartered Surveyors (RICS) or Association of Building Engineers (ABE). By assuring their qualifications, you can rest assured they can handle this Agreement’s legal and technical aspects correctly.

However, you do have a say – and even though the building owner might have already appointed a surveyor, you have the right to appoint an independent surveyor to represent your interests. In these instances, the two appointed party wall surveyors can work together to make decisions that are fair to both parties.

When should my neighbour serve a party wall notice?

If your neighbour is carrying out any of the works listed in the tables below, they should serve you with a Party Wall Notice before the works begin.

Party Structure Notices:

Notifiable works relating to party structures:

Section of Act	Notifiable Work	Notice Period
Section 2(a)	Underpin, thicken, or raise a party wall. For example, to underpin or raise a parapet wall.	2 Months
Section 2(b)	Where a wall is defective, carry out repairs, or demolish and rebuild it.	2 Months
Section 2(e)	Demolish a party wall that is not sufficiently strong, or high enough, for the intended new building or extension.	2 Months
Section 2(f)	Cut into a party wall for any purpose, including inserting a damp proof course or steel beam.	2 Months
Section 2(g)	To cut away projections from a wall that overhang your land, such as removing a chimney breast.	2 Months
Section 2(h)	Cut away projections over your land to the extent necessary to erect a wall.	2 Months
Section 2(j)	To cut into the wall of an adjoining property, which is not a shared wall, in order to insert a flashing.	2 Months
Section 2(n)	To expose a section of a party wall or structure that was previously enclosed.	2 Months

Line of Junction Notices:

Notifiable works covered by the Act when building new walls on the line of junction with another property:

Section of Act	Notifiable Work	Notice Period
Section 1(2)	To construct a new wall on the boundary line with another property, which is partly on both owners’ lands.	1 Month
Section 1(5)	To construct a new wall on the boundary line with another property, which is wholly on your own land.	1 Month

Adjacent Excavation Notices:

Where excavation works are notifiable under the Party Wall Act:

Section of Act	Notifiable Work	Notice Period
Section 6(1)	To excavate within 3m of an adjoining property or structure and to a deeper depth than its foundations.	1 Month
Section 6(2)	To excavate within 6m of an adjoining property or structure and to a depth that would intersect with a 45-degree line drawn downwards from the bottom of its foundations. Typically, this only applies to piled foundations.	1 Month

Party Wall Notices

Schedule of Condition

Party Wall Awards

Party Wall Surveyors Quick Links

Quick Summary

Offer: We support adjoining owners who’ve received a notice, protecting your rights and ensuring your neighbour’s works follow the Act.
Scope: We handle responses, review Schedules of Condition, and agree Party Wall Awards, covering works to structures, new boundary walls, and excavations.
Process: We guide you through your options (consent/dissent/do nothing), record “before” condition, set protections within the award, and manage damage/compensation or escalation if works start without an award.
Areas: We cover Surrey and the nearby London areas.